Senate Bill S2734

Signed By Governor
2019-2020 Legislative Session

Relates to liability of members for wages due to laborers, servants or employees by domestic and foreign limited liability companies

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A453 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S2734 (ACTIVE) - Details

See Assembly Version of this Bill:
A453
Law Section:
Limited Liability Company Law
Laws Affected:
Amd §609, Lim Lil L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7526, A8712
2017-2018: S5966, A5131

2019-S2734 (ACTIVE) - Summary

Relates to liability of members for wages due to laborers, servants or employees by domestic and foreign limited liability companies.

2019-S2734 (ACTIVE) - Sponsor Memo

2019-S2734 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2734
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  limited  liability  company law, in relation to
   liability of members for wages due to laborers, servants or  employees
   by domestic and foreign limited liability companies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 609  of  the  limited  liability
 company  law, as added by chapter 537 of the laws of 2014, is amended to
 read as follows:
   (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
 section, the ten members with the largest percentage ownership interest,
 as determined as of the beginning of the period during which the  unpaid
 services  referred  to  in this section are performed, of every DOMESTIC
 limited liability company, OR OF ANY FOREIGN LIMITED LIABILITY  COMPANY,
 WHEN  THE UNPAID SERVICES WERE PERFORMED IN THE STATE, shall jointly and
 severally be personally liable for all debts, wages or salaries due  and
 owing  to  any  of  its  laborers,  servants  or employees, for services
 performed by them for such limited liability company. Before such labor-
 er, servant or employee shall charge such member for such  services,  he
 or  she  shall  give  notice  in  writing  to such member that he or she
 intends to hold such member liable under this section. Such notice shall
 be given within one  hundred  eighty  days  after  termination  of  such
 services.  An action to enforce such liability shall be commenced within
 ninety days after the return of an  execution  unsatisfied  against  the
 limited  liability company upon a judgment recovered against it for such
 services. A member who has paid more than his  or  her  pro  rata  share
 under  this  section shall be entitled to contribution pro rata from the
 other members liable under this section with respect to  the  excess  so
 paid, over and above his or her pro rata share, and may sue them jointly
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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